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Running the Numbers on the Override Votes

Anyone taking results for granted on next week’s override votes in New Hampshire is simply not paying attention.

Two-thirds of members present & voting in each chamber the day of the vote are required for an override. At the moment, even with the departure of Andy Sanborn, that still means 16 votes in the now-23-member Senate, which normally enjoys full attendance on session days. With the recent departures of Laurie Sanborn and D.J. Bettencourt in the House, there are 395 seats occupied, although attendance for floor sessions is usually substantially lower. (Corrections to that figure are welcomed. Resignations have kept the House below 400 members for most of this session.)

HB 1679, the partial-birth-abortion ban, passed the Senate 18-5, with Sen. DeBlois absent. Assuming no changes, even with the loss of Sanborn’s vote, the Senate will override. Ditto for HB 217, fetal homicide, which passed 18-6. That’s the good news.

The House is a different story, and since these override attempts will begin in the House, the Senate might not even get a crack at these bills. The vote hinges on three questions: will the Yea votes hold? Are any of the Nays reversible? Perhaps most significantly, how many reps will show up Wednesday?

HB 1679 passed the House 224-110, with a whopping 36 excused absences and 27 other reps simply choosing not to vote. HB 217 passed 213-125, with 47 excused absences and eleven other reps not voting. That means based on the attendance for these votes, HB 1679 reached a two-thirds majority by two votes. HB 217 was thirteen votes shy of two-thirds.

If everyone shows up for veto day – granted, that’s not likely – 264 votes are needed for override. Most challenging scenario: HB 1679 needs to hold all its previous Yeas, and add 40 more. HB 217 needs to pick up 51 votes on top of the original Yeas. Lower attendance in the House will mean fewer votes needed for override.

One hint to all the Republicans: do not count on any Democrats staying home. The minority party this session has been exemplary in its attendance and its unity. It’s actually remarkable that nine Democrats supported a ban on partial-birth abortion, while four supported the fetal homicide bill. Minority leader Terie Norelli is no doubt working to rope in those few stray votes. Republicans were sharply fractured, despite leadership’s support for these bills: 27 voted against HB 1679; 42 opposed HB 217.

Phone calls and emails between now and the morning of June 27th could make the difference.